AGREEMENT between SHEET METAL WORKERS’ INTERNATIONAL ASSOCIATION No.19 CENTRAL PENNSYLVANIA AREA

1301 South Columbus Boulevard Philadelphia, Pennsylvania 19147

and

______

______

-EFFECTIVE -

JUNE 1, 2010 through MAY 31, 2013

TABLE OF CONTENTS

SUBJECT PAGE ARTICLE

Apprentice & Training...... 16 ……XIII Apprentice Wage Scale...... 16 ……XIII, Sec 5 Asbestos ...... 18 ……XIV, Sec 2 Balancer’s Stamp ...... 2 ……II, Sec 7 Bonding ...... 13 ……XII, Sec 16-21 Covenant Not to Compete...... 3 ……II, Sec 20 Credit Union ...... 4 ……III, Sec 6 Election Day ...... 7 ……VII, Sec 1 (b) Employer Association ...... 3 ……II, Sec 14 & 15 Employer Responsibilities...... 1 ……II Funds...... 10 ……XII Funds: Payment Rules ...... 11 ……XII, Sec 12 & 13 General Foreperson, Foreperson, Wages & Rules ...... 7 ……IX, Sec 2-5 Procedures ...... 20 ……XVIII Hiring Hall ...... 4 ……IV Holidays ...... 7 ……VII Hours of Work ...... 5 ……V H.V.A.C. Shops ...... 20 ……XVII, Sec 4 Job Reporting...... 1 ……II, Sec 3 & 4 League for Political Education ...... 11 ……XII, Sec 3 Overtime ...... 6 ……VI Owners & Owner Members ...... 20 ……XVII Owner-Members Funds ...... 10 ……XII, Sec 2(b) ...... 19 ……XV Prevailing Wage Surveys ...... 3 ……II, Sec 17 Purchasable Items ...... 2 ……II, Sec 9 Reciprocal Agreements...... 14 ……XII, Sec 23 Room & Board ...... 9 ……XI, Sec 1(c) Rules of Payment for Wages...... 8 ……X Safety, Tools, & Conditions ...... 18 ……XIV SUB Fund...... 12 ……XII, Sec 13 Scope of Work ...... 1 ……I Severability Clause...... 22 ……XIX Shift Work ...... 7 ……VIII Sketcher’s Stamp...... 2 ……II, Sec 6 Stewards ...... 20 ……XVI Sub-Contracting ...... 2 ……II, Sec 5 & 8 Successor Clause...... 4 ……II, Sec 21 Term of Agreement...... 22 ……XX Territory Covered ...... 1 ……Preamble Tool Loss ...... 19 ……XIV, Sec 7 Travel Expenses, Zones ...... 9 ……XI Union Membership ...... 4 ……III, Sec 1 Union Representatives ...... 20 ……XVI Union Security ...... 4 ……III Wage, Deduction, & Contribution Schedule...... 15 ……XII Wages ...... 7 ……IX Wage Rules for Payment ...... 8 ……X Work Assessment/Service Fee ...... 4 ……III, Sec 5 Work Preservation Clause...... 2 ……II, Sec 12

UNION AGREEMENT without other equipment, louvers, screens, registers, grilles, duct sox(s), diffusers of all kinds, including those in Sheet Metal, Roofing, Ventilating and Air connection with lighting fixtures and ceilings, dampers of Conditioning Contracting Divisions of the all kinds, smoke detectors, sound traps, mixing boxes, Construction Industry attenuators, air blenders, access doors related to air han- dling systems, dryers, sprayers, industrial ovens and relat- This Agreement is entered into this 1st day of June 2010 ed duct work, power and gravity ventilators, acoustical by and between Sheet Metal Workers’ International material within duct work, dust collectors and recovery Association, Local Union No. 19, hereinafter referred to systems, breeching, hoods, convector and radiator and as the Union, and the Sheet Metal Contractors similar enclosures and covers, with or without backs, flex- Association of Central Pennsylvania, hereinafter referred ible tubing and connections thereto, and all such or simi- to as the Employer. lar equipment involved in or in any way related to air han- dling systems, walk-in boxes, lockers and shelving, toilet Any Employer who is not a member of the aforemen- partitions, kitchen equipment, chutes of all types, solar tioned Association, but who agrees to be bound by the panels, metal ceilings, sound rooms, prefabricated envi- terms of this Agreement shall also be deemed the ronmental rooms, roof curbs, imbedments, installation Employer as that term is used in this Agreement. and drawings for unistruts and all supports for sheet metal in connection with power plant work, energy (NEMI Except as otherwise specified, the territory covered by Certified) auditing, flashing, coping, fascia, soffits, gutters this Agreement includes, in their entirety, the following and downspouts, skylights, metal siding and composite counties: Adams, Bedford, Blair, Berks, Centre, panels including supports, studs, sheathing, drywall and Cumberland, Dauphin, Fulton, Franklin, Huntingdon, related materials, metal roof deck, and all other architec- Juniata, Lancaster, Lebanon, Lehigh, Mifflin, tural sheet metal work, all work on metal roofs including Northampton, Perry, and York Counties in Pennsylvania but not limited to plywood, insulation, pipe collars, ice and Warren County in New Jersey. shields, vapor barriers, radon ventilating exhaust systems, system powered air controls, gauges and tubing, magna- helic gauges, fan powered VAV boxes, Liebert units, all ARTICLE I power rigging, termination bar, column covers, lead abate- ment, animal boxes, all computer and clean room air sys- Scope of Work tems including floors, walls, and ceilings and all other architectural sheet metal work, metal wall protection sys- Section 1. This Agreement covers the rates of pay tems, operating of any equipment or new technology and conditions of employment of all Employees of the which has as its essential purpose replacing or changing Employer engaged in but not limited to the (a) manufac- those jobs or procedures traditionally performed by Sheet ture, fabrication, assembling, handling, erection, installa- Metal Workers, and to all other sheet metal work covered tion, dismantling and conditioning, adjustment, alter- by this Agreement and by the jurisdictional claims of the ation, repairing and servicing of all ferrous or nonferrous Sheet Metal Workers’ International Association. metal work and all other materials used in lieu thereof and of all air-veyor systems and air handling systems regardless of material used including the setting of all ARTICLE II equipment and all reinforcements in connection there- with; (b) all lagging over insulation regardless of gauge or Employer Responsibilities material and all duct linings; (c) testing, adjusting and balancing of all air handling equipment and duct work, Section 1. The Employer agrees that no one but the Commissioning of all air handling and duct systems; Journeyperson Sheet Metal Workers and Registered (d) the preparation of all shop and field sketches used in Apprentices covered by this Agreement shall be fabrication and erection, including those taken from orig- employed on any work described in and covered by this inal architectural and engineering drawings or sketches; Agreement. (e) Pick – off; the transformation, manual or electronic, from shop drawings to shop fabrication of ductwork and Section 2. The Employer shall exert every possible related items; (f) layout and cutting of duct openings effort to secure all work included in and covered by this through walls, ceilings, floors, and roof decks; (g) duct Agreement. If an Employer accepts any job, by contract cleaning; and (h) all other work included in the jurisdic- or otherwise, and all of the work included and covered by tional claims of Sheet Metal Workers’ International this Agreement or considered as normally part of the job Association. involved is not included therein, Employees covered by this Agreement and the Union shall be free to refuse to Section 2. It is expressly included herein, for the pur- perform any work on or for any such job and should they pose of indicating more specifically, but not by any means refuse, they shall not be in violation of this Agreement. limiting hereto, that supplementary to Section 1 of this Article, this Agreement also covers the furnishing, han- Section 3. The Employer agrees to report to the dling, setting, erecting, installation, assembling, disman- Union the name and address of all jobs in excess of tling, adjustment, alteration, reconditioning, repairing, and twenty thousand dollars ($20,000) by the 15th of the servicing of all fans, filters of all types, blowers, sheaves, month for jobs contracted for in the previous month. belts and guards of all kinds, plenums including prefabri- Such report shall be in the form of a “letter of assign- cated insulated casings and air chamber panels, with or ment”. In the event that no jobs are contracted for, the

-1- Employer agrees to report same to the Union by the 15th • Double Walled Plenum Casing Panels of the month. • Permanently Installed Trash and/or Linen Chutes.

The employer agrees to provide a letter of assignment for Section 10. Should Congress amend the law to permit HVAC work outside of the territory described in this the application of Section 5 of this Article to all or any of agreement, when they choose to sub-contract the work. the work covered by this Agreement, whether or not at the job site, then Section 5 of this Article shall immedi- Section 4. The employer shall inform the union on the ately become effective as covering all work covered by first day that a sheet metal worker is on site at any new this Agreement, sub-contracted, sublet, or in any other job as described above in Section 3. way, turned over to others.

Section 5. The Employer shall not subcontract or Section 11. If any Employer engaged in sheet metal assign any of the work described or covered in this work on a project as a Prime or Sub-Contractor is forced Agreement which is to be performed at a job site to any to cease work on that project because of failure on the Contractor, Sub-Contractor, or other person or party who part of the Owner, Prime Contractor, or Sub-Contractor, fails to agree in writing to comply with the conditions of to pay monies due for properly submitted progress pay- employment contained herein including, without limita- ment and/or payments for completed work and/or pay- tions, those relating to Union security, rates of pay, ben- ments for approved changes and/or payments for work efits, and working conditions, hiring and other matters done under a notice to proceed order when such pay- covered hereby for the duration of the project. ments are due, then the Union is free, and not in violation of this Agreement, not to furnish Journeypersons or Section 6. The Employer agrees that all drawings and Apprentices to the Owner, Prime Contractor, Sub- sketches, including, CAD, hand, backgrounds, coordina- Contractor, or other Contractor for purposes of complet- tion and “as built”, used in shop fabrication and/or field ing that work, and the purpose of the aforementioned is erection shall be the work of the sheet metal workers and to protect the ability of the Employer to properly pay their shall carry the stamp and signature of a Journeyperson labor and funds. member of Sheet Metal Workers’ International Association, Local Union No. 19. Section 12. The Employer agrees that no evasion of the terms, requirements, and provisions of this Section 7. The Employer agrees that all testing, Agreement will take place by the setting up of another adjusting, and balancing work, including the preparation business to do work covered by this Agreement, or in of all reports will be performed by a Member of Local any other way attempt to or actually evade or nullify Union No. 19 and shall carry the stamp and signature of responsibility hereunder. If and when the Employer shall said Member. perform any work of the type covered by this Agreement, under its own name or under the name of another, as a Section 8. Subject to other applicable provisions of corporation, company, partnership, or any other busi- this Agreement, the Employer agrees that when subcon- ness entity, including a joint venture, wherein the tracting for prefabrication of materials covered herein, Employer through its officers, directors, partners or such prefabrication shall be subcontracted to fabricators stockholders, exercise, either directly or indirectly, con- who are in signed Agreement with Local Union No. 19 or trol of labor policies of such other entity, the terms and who pay their Employees engaged in such fabrication, conditions of this Agreement shall be applicable to all not less than the total beneficial wage scale for compa- such work. The Employer, directly or through its officers, rable sheet metal fabrication, as established under pro- directors, partners, or stockholders, shall not contribute visions of this Agreement. Every Employer subcontract- to or invest in any business entity which performs work ing work under this clause shall require of its subcontrac- covered by this Agreement but which does not comply tors a list of hours worked and the total beneficial wages with the terms of this Agreement provided, however, that paid to or on behalf of the Employees performing the this provision shall not apply to the ownership of corpo- work for each such hour, which certified payroll list shall rate stock traded on any recognized stock exchange or be turned over to the Union upon request. in an established over-the-counter market and which does not constitute more than ten percent (10%) of the Section 9. The Employer, subject to this Agreement, outstanding equity of such business entity. may purchase the following Blue Label manufactured items: (a) Market Preservation and Recovery - With the rise of non-union competition and infringements by other • Ventilators craft unions, Sheet Metal Workers and signatory con- • Louvers tractors in recent years have suffered significant declines • Automatic and Fire Dampers (excluding duct in their share of the market for work within the jurisdic- sleeves) tion of the SMWIA. It is the intent of all parties of this • Radiator and Air Conditioning Unit Enclosures Agreement to take strong measures to reverse these • Mixing (Attenuation) Boxes and Air Blenders trends and provide for the long term health of the union • Plastic Skylights employing industry. Accordingly, the Employers agree to • Air Diffusers, Grilles, Registers commit themselves fully to Union construction and main- • Sound Attenuators tenance, and refrain from the forms of business organi- • Residential Pipe and Fittings as per the Residential zation commonly known as the “dual shop” or “double- Addendum breasted” operation. The Union commits itself to pro-

-2- vide the Employers with wage scales and working condi- Section 16. The Employer agrees to furnish informa- tions that will enable them to be fully competitive and tion upon request by the Union, relative to all work profitable in all sectors of the Building and Construction wherein the Union has a jurisdictional interest. Trades jurisdiction without exception, including those most heavily impacted by non-union competition. Section 17. The Employer agrees to furnish within ten (10) days of request by the Union, completed forms as (b)(i) In recognition of the serious nonunion competi- required by the State and/or Federal Departments of tion and infringement upon Local Union No. 19’s jurisdic- Labor for purposes of prevailing wage surveys by coun- tion by other crafts, from within Local Union No. 19’s ty. Occasional or out-of-town contractors shall complete boundaries, let it be understood and agreed that the and submit to the Union said forms immediately upon President and Business Manager of Local Union No. 19, is start of a job within the bounds of Local Union No. 19. empowered to take whatever steps are necessary, includ- ing additional flexible conditions on particular jobs some- Section 18. If any more favorable conditions are grant- times known as “Pinpointing”, to enter into specialty ed by this Local Union to any other Employer in the juris- agreements and addendums to this Agreement to ensure dictional area of this Contract, all Employers will have the that such work will be captured for our membership. right to adopt the same as amendment to this Agreement.

(b)(ii) It is agreed that any changes to this Agreement Section 19. The Employer agrees to submit to the pursuant to Article II, section 12(b) shall supercede the Union a completed wage survey at the conclusion of provisions of Article II, section 18 and no Employer shall every job. The Employer and the Union agree to work make a claim pursuant to Article II, section 18 on together on these surveys in order to complete them as account of any such changes. Nor shall work per- efficiently as possible. formed under an agreement with the Sheet Metal Workers’ International Association or a project labor Section 20. In order to secure job opportunities for agreement provide a basis for modifying this agreement. workers covered by this Agreement, each Employer who is a party to the (b)(iii) It is understood that the intent of (b)(ii) is not to Agreement invests significant amounts of capital and provide different levels of relief to contractors bidding the time in the training of Sheet Metal Workers, including the same project. training of Apprentice Sheet Metal Workers and upgrad- ing our Journeyperson Members through on-the-job Section 13. Inasmuch as the Union has demanded training and through the Joint Apprentice and Training recognition from the Employer as the exclusive bargaining Fund (JATF). In assuming these training obligations, the representative of the Employer’s Employees in the bargain- Employer assumes a great deal of risk in undertaking ing unit described herein under Section 9(a) of the National various projects. In order to secure the investment that Labor Relations Act, and has submitted proof thereof in the each Employer party to this Agreement makes in both form of signed and dated authorization cards, and the Journeyperson and Apprentice Sheet Metal Workers, the Employer is satisfied that the Union represents a majority parties hereto agree that no Sheet Metal Worker of its Employees in the described herein, employed by any Employer party to this Agreement will the Employer hereby recognizes the Union as the exclusive compete with the Employer by going to work for a non- collective bargaining representative of its Employees on all signatory Employer engaged in work covered by the present and future job sites within the jurisdiction of the Collective Bargaining Agreement within the geographic Union, unless and until such time as the Union loses it sta- jurisdiction of Local Union No. 19 for a period of three (3) tus as the Employee’s exclusive representative as a result years following their leaving the employ of any signatory of an N.L.R.B. election requested by the Employees. The Employer except as a Union Salt. Any Employer and/or Employer agrees that it will not request an N.L.R.B. election the Association party to this Agreement may enjoin any and expressly waives any right it may have to do so. worker who violates this Agreement from working during the three (3) year period as set forth above. In addition Section 14. The Employer hereby agrees that all of its to the foregoing right to seek injunctive relief, and members, both collectively and individually, shall be whether or not such relief is sought or obtained, and bound by this Agreement, just as surely as if each and because the measure of damages suffered by the every member signed it and whether or not each does so Employers may be difficult to prove, the parties agree individually and whether or not membership is retained in that an appropriate measure of liquidated damages is the Employer Association party to this Agreement. The the cost to the Employers that is required to provide the Employer, as an Association, through its duly elected Apprentice and Journeyperson on-the-job training nec- officers and representatives hereby declares and affirms essary to replace workers who breach this covenant. that each and every Member has so agreed and has The cost of such a four (4) year Apprentice Program is authorized the officers and representatives named below two thousand (2,000) hours per year at gross labor rates to sign this Agreement, both for the Association and for times four (4) years. In the event this covenant not to each member individually. compete is deemed by a court to be too restrictive, such court shall be entitled to mold a remedy for the breach, Section 15. The Employer agrees that any and all new which in its discretion is more appropriate than the rem- member(s) of its Association within the jurisdiction of edy provided herein. Local Union No. 19 shall be required, as a binding require- ment of membership therein, to become parties to this The provisions of this Covenant Not to Compete will be Agreement, immediately upon establishing membership. considered to be separable and independent of each

-3- other, and in the event any provision of this Covenant is compliance with certain conditions precedent, this found to be invalid, it will not affect the validity or effec- Article shall be deemed to take effect as to involve tiveness of the remaining provisions of this Covenant. Employees immediately upon compliance with such conditions. The Union shall enforce this clause with respect to its members in accordance with the provisions of the Sheet Section 4. The Employer agrees that should an Metal Workers’ International Association Constitution Employee covered by this Agreement be ineligible for and Ritual. membership in the Union, their continued employment shall be conditioned upon their payment to the Union, Section 21. (a) In order to secure job opportunities for the equivalent of membership dues in return for benefits the Employees covered by this Collective Bargaining and services received and the Union’s costs in establish- Agreement the Employer shall, where the Employer sells ing same should the Union so request. to a purchaser which intends to operate it’s business as a going concern, that is, continues the operations of the Section 5. Upon receipt of a signed individual business without substantial change, require the pur- authorization form any Employee covered under this chaser, as a condition of the sales transaction, to Agreement the Employer shall withhold from such assume and be bound by this Agreement and to recog- Employee’s earnings, an amount of money, which shall nize the Union as the exclusive representative of the pur- represent the Employee’s work assessment or service chaser’s Employees pursuant to Section 9 (a) of the fee. The amount of which or such, shall be determined National Labor Relations Act. The word “sells” used by a verified statement from the Union of the current herein shall include any sale of stock or the assets of the assessment or service fee structure. Deductions shall Employer whether in one or a series of transactions. be made weekly of said Employees and promptly remitted to the Financial Secretary of the Union, (b) The Employer shall notify the Union of any sales together with a list of the names of the Employees to contemplated by this Agreement immediately upon exe- whom said monies are to be credited. cution of the sales agreement. Section 6. Upon receipt of a signed individual author- Section 22. The employer shall maintain commercial ization from any Employee covered under this general liability insurance coverage providing bodily Agreement, the Employer shall deduct from such injury, property damage and personal injury coverages for Employee’s earnings, payment for Credit Union deposits employees performing work covered by this agreement. under the terms specified in the individual’s authorization. Deductions from said Employee’s earnings may be made on an hourly as well as weekly basis and said deductions ARTICLE III shall be remitted to the Viriva Community Credit Union monthly, together with a list of the names and social Union Security security numbers of the Employees to whom said monies are to be credited. Except for the initial deduction Section 1. The Employer agrees to require member- request, the amount of payroll deductions may be ship in the Union as a condition of continued employment changed once a year during the last week of May. of all Employees performing any of the work specified in Article I of this Agreement, within eight (8) days following the beginning of such employment, or the effective date ARTICLE IV of this Agreement, whichever is later, provided the Employer has reasonable ground for believing that mem- Hiring Hall bership is available to such Employees on the same terms and conditions generally applicable to other mem- Section 1. The Union agrees to furnish upon request bers and that membership is not denied or terminated for by the Employer, Journeypersons Sheet Metal Workers reasons other than the failure of the Employee to tender and Apprentices in numbers sufficient to execute the the periodic dues and initiation fees, uniformly required as work contracted for by the Employer in the manner and a condition of acquiring or retaining membership. under the conditions specified in this Agreement. The Employer agrees that all Employees required for all work Section 2. If during the term of this Agreement, the within the scope of this Agreement shall be hired only Labor Management Relations Act of 1947, as amended, through the Union provided that: shall be further amended by Congress in such a manner as to reduce the time within which an Employee may be (a) Referrals will be on a nondiscriminatory basis and required to acquire Union membership, such reduced will not be affected in any way by the Union membership, time limit shall become immediately effective instead of by-laws, rules, regulations, constitutional provisions or and without regard to the time limit specified in Section other aspects of Union membership, policies or require- 1 of this Article. ments, except to the extent that these may not be in vio- lation of applicable law. Section 3. The provisions of this Article, shall be deemed to be of no force and effect in any state, to the (b) The Employer will have the right to reject anyone extent to which the making or enforcement of such pro- referred for employment. Their rejection may not be vision is contrary to law. In any state, where the making based on Union membership or used to achieve selec- and enforcement of such provision is lawful, only after tion from the list of unemployed. The Employer agrees

-4- that one (1) of every four (4) referred will be accepted law committed by it in connection with its administration from the top of the list of unemployed, except as of the hiring hall arrangement. provided below and in Sub-Section (d) of this Article. The Employer shall have the use of this provision when (h) The Employer assumes responsibility for any viola- working in another Central Pennsylvania branch local. tions of the law committed by the Employer in connec- To clarify this section: tion with hiring or severance of employment.

1. An employer or employee may solicit 3 of every 4 (i) The parties to this Agreement agree that they will jobs, then the employer agrees that the fourth will be not discriminate against any applicant for employment or accepted from the top of the list of unemployed. any Employee because of race, creed, color, national ori- gin, sex or occupationally irrelevant physical require- 2. All Employees must put their name on the out of ments or handicaps. work list on their last day of work with the Employer. There shall be no solicitation permitted for jobs by any (j) Notices of this hiring Agreement shall be posted employee until their name has been put on the out of where notices to Employees and applicants for employ- work list. ment are customarily posted.

3. There shall be no hiring by an employer of any (k) The Employer agrees to notify the Shop Steward employee who has not put their name on the out of prior to any layoffs. work list. Section 2. The Employer agrees that of each ten (10) 4. The employer and the employee shall notify the Journeypersons employed, at least one (1) shall have union of a job that has been solicited. reached their sixtieth (60th) birthday, if and when such are available. 5. The union will send a completed referral form to the employer for all solicited jobs. No employee shall Section 3. The first three (3) Journeypersons per job be employed by an employer without receiving this may be sent by the Employer from the branch local in form (supplied by the union). which they are based to work in another Central Pennsylvania branch local. The eighth (8th) journeyper- 6. Employer/employee solicitation is not available to son per job (sub foreperson) may be sent by the out of town contractors and they must hire all employees Employer from the branch local in which they are based. from the list of unemployed, except as may otherwise be All other referrals will come from the branch local hiring provided in this collective bargaining agreement. hall in which the job site location is based.

(c) The Union will advise the Employer of name and The branch local geographical areas are as follows: qualifications prior to referral. Lehigh Valley - Lehigh and Northampton counties in PA (d) The Employer shall have the right to rehire a former and Warren County in New Jersey. Employee who was laid off by them within forty-five (45) calendar days of their last day of employment with this York - Adams, York counties, and that part of Lancaster same Employer upon notice to the Union that they are county bounded by the Susquehanna River, Route 23, about to do so. An employee who has been rehired shall Route 30, and the Conestoga Creek including the entire work for thirty (30) calendar days unless a shorter period city of Lancaster. of time is mutually agreed upon at the time of rehire or the employer will lose the right to rehire. Provided how- Reading - Berks and Lebanon counties, and that part of ever, that there will be no recalls when available mem- Lancaster county, outside the bounds of 19-York. bers on the out of work list do not have unemployment compensation benefits. Harrisburg - Bedford, Blair, Centre, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Mifflin, (e) Apprentices shall be hired and transferred in and Perry counties. accordance with the Apprenticeship provisions of this Agreement. Section 4. This Section 3 above does not apply to In- Plant Maintenance Work in Lancaster and Lebanon (f) If during the term of this Agreement, the Labor Counties, whereas, the Employer may suspend the Management Relations Act of 1947, as amended, shall Three Journeyperson Rule for Lancaster and Lebanon be further amended to so permit or the decision of a Counties on In-Plant Maintenance Work. court of competent jurisdiction so permits, then the restrictive provisions of this Article IV, by which the Union may be required to refer non-members to employment, ARTICLE V shall be immediately ineffective. Hours of Work (g) The Union agrees that it shall be the sole adminis- trator of the hiring hall arrangement and shall not be con- Section 1. The regular working day shall consist of sidered to act as the agent of the Employer, and thereby, eight (8) hours labor in the shop or on the job site the Union assumes responsibility for any violations of the between eight (8:00) A.M. and four-thirty (4:30) P.M. and

-5- the regular working week shall consist of five (5) consec- ARTICLE VI utive eight (8) hour days labor in the shop or on the job site, beginning with Monday and ending with Friday of Overtime each week. All full time or part time labor performed dur- ing the hours specified herein shall be recognized as Section 1. Except as provided in this Article VI, regular time and paid for at not less than the regular Section 2, and Article VII, Section 1(b) and Article VIII of hourly rates specified in this Agreement. this Agreement, it is agreed that all work performed outside of regular working hours during the regular (a) The starting and quitting times provided in Section work week and on holidays shall be performed only 1 of this Article V may be changed to either seven (7:00) upon notification by the Employer and approval by the A.M. to three-thirty (3:30) P.M. or seven-thirty (7:30) A.M. Union in advance of scheduling such work. All work to four (4:00) P.M. with a one-half (1/2) hour for lunch performed outside of the regular working hours and on period, but only by consent of both the Employer and the holidays shall be paid for as follows: The first two (2) Union prior to its beginning. hours of overtime, Monday through Friday, shall be paid for at time and one-half (1 1/2). The first ten (10) hours (b) Exceptions may also be made to Section I of of work at the normal schedule on Saturday, shall be Article V in that Journeypersons and Apprentices may paid for at time and one-half (1 1/2). Sundays, holidays work from six (6:00) A.M. to two-thirty (2:30) P.M. with a and all hours over the ten (10) hours, Monday through one-half (1/2) hour lunch period, with sole permission of Saturday, shall be paid for at two (2) times the regular the Union. wage rate and when work is performed on Election Day, the holiday pay shall be paid in addition thereto. (c) Exceptions may also be made to Section I of Article V in that for architectural sheet metal work only, (a) Preference as to overtime and holiday work shall the regular work day may be ten (10) hours of labor in the be given to workers on the job and in the shop on a rota- field only between six (6:00) AM and four-thirty (4:30) PM tion basis so as to equalize such work as nearly as pos- and the regular work week shall consist of four (4) con- sible. By mutual agreement between the Employer and secutive ten (10) hour days beginning on Monday and the Union, the Employer will include as many Journey- ending on Thursday. Friday may be used as a make-up persons as possible from the list of unemployed on day for inclement weather only. In order to utilize this scheduled overtime lasting eight (8) hours or more pro- provision, the Employer must have the permission of the vided these Journeypersons possess the required skills President / Business Manager of the Union. to perform the work, including Safety & cGMP Training that is site specific. It is further understood that mem- (d) The Employer agrees that when there are more bers who are out of unemployment compensation bene- than four hundred (400) Building Trades personnel on a fits will be given priority to these jobs. particular job site, the Union shall have the right to stag- ger work hours with other trades, between the hours of (b) Apprentices shall not be employed on any work seven (7:00) A.M. and four-thirty (4:30) P.M. in order to outside the regular working hours or on holidays, except ensure the health, safety and welfare of the Sheet Metal that when one (1) to three (3) Journeypersons work over- Workers on said job site. time and for each additional one (1) to three (3) Journeypersons, one of the Employer’s regular (e) All Employees covered by this Agreement shall be Registered Apprentices may also work overtime. granted a morning break, not to exceed ten (10) minutes. An afternoon break shall be granted when employees (c) It shall not be a violation of this Agreement nor a work more than 8 hours, except when the work week is cause for discharge if any Employee declines to work scheduled as four (4) days – ten (10) hours. Similar overtime. breaks will be granted during any night shift. (d) Overtime work covered in Article I of this agree- Section 2. All Employees covered by this Agreement ment will have at least one sheet metal worker from shall be at shop or assigned work location at job site, Local 19. ready to work at starting time and shall work eight (8) hours until quitting time, except for the lunch period. If Section 2. Overtime work, both on the job site and in less than eight (8) hours of work is performed as the the shop, performed in connection with jobs in existing result of the Employees’ lateness or early quitting industrial, commercial or public buildings in which a (including such at lunch period), the Employer shall have business is in full operation and it is impossible to per- the right to deduct such lost time in figuring the weekly form the work during the regular work hours, (i.e. eight payroll. All tools shall be put away, in a place provided by (8:00) A.M. to four-thirty (4:30) P.M., Monday through the Employer, during the established working period. Friday), shall be paid for at time and one-half (1 1/2) except that said work performed between the hours of Section 3. It shall be an established policy that when five (5:00) P.M. on Saturday and eight (8:00) A.M. on the work falls off and reaches a point considered to be of following Monday and between the midnight before all serious importance, Employer will agree to negotiate holidays specified in Article VII and at eight (8:00) A.M. with the Union’s Representative to divide work among all following shall be paid for at double time. Employees to the extent reasonably possible, by estab- lishment of a shorter work day or week with due consid- (a) Each Employee, when employed on this kind of eration of conditions existing at the time. work, shall be informed of the premium rate to be paid.

-6- Section 3. Overtime for maintenance work, Monday (c) Employees working on night shifts shall neither be through Saturday, shall be paid for at time and one-half permitted nor required to perform any other work during (1 1/2). Sundays and holidays shall be paid for at two (2) the period beginning at eight (8:00) A.M. previous to a times the regular wage rate. night shift and ending at the beginning of the shift on the following night. (a) For purpose of this Section, “maintenance” is defined as repair, renovation or modification to existing (d) Night shift work shall be paid for at the regular systems and equipment in existing industrial and institu- established wage rate plus fifteen percent (15%) of the tional facilities. regular established wage rate, except as otherwise specified in this Agreement. (b) Travel expense will not be paid for this type of work. (e) Work performed by night shift Employees outside (c) Parts fabrication for original equipment manufac- the established shift hours shall be paid for at time and turers will be considered as maintenance work. one-half (1 1/2) for the first two (2) hours and at double the regular wage rate thereafter. All work performed by night shift Employees on Saturday will be paid at time ARTICLE VII and one-half (1 1/2) for the first ten (10) hours and at dou- ble the regular wage rate thereafter. Holidays (f) Double time shall be paid for all night shift work Section 1. All Sundays shall be recognized as holi- performed between midnight Saturday and the begin- days, in addition to the following legal holidays that are ning of the first shift on Monday. Double time shall be recognized and observed within the territory covered by paid for all night shift work performed between midnight this Agreement: New Year’s Day, Good Friday, Memorial before a holiday and the beginning of the first shift on the Day, July Fourth, Labor Day, General Election Day in day following the holiday. November, Thanksgiving Day, and Christmas Day. (g) The President / Business Manager of the Union, at (a) All days not recognized as a holiday will be a work his sole discretion, may reduce the shift premium to ten day. Shops and job sites will be open unless all percent (10%) or five percent (5%) above the scale and Employees wish to take off. No one will be locked out. waive the mandatory five (5) consecutive days in order to gain employment for members of the Union. (b) Election Day in November shall be granted as a holiday with pay to all Employees of the Employer who (h) Shift work covered in Article I of this agreement will are employed during the payroll week within which is have at least one sheet metal worker from Local 19. said Election Day. Eight (8) hours wages shall be paid for this holiday to all so employed whose work is currently (i) The 3 journeyperson rule specified in Article IV, performed during the regular work day. Employees cur- Section 3 of this agreement applies to 1st shift only. For rently working on night shift shall observe the night of 2nd and 3rd shifts, a two (2) journeyperson rule applies. Election Day as the holiday and shall be given holiday pay equal to the wages for the currently worked full shift. ARTICLE IX (c) Whenever a holiday covered by this Agreement falls on Sunday, the following Monday shall be the holi- Wages day or when a holiday falls on Saturday, the previous Friday shall be a holiday, and shall be considered as Section 1. The minimum increase to the beneficial within the holiday requirements of this Agreement. wage rate for Journeyperson Sheet Metal Workers covered by this Agreement, when employed in a shop or on a job site, within the jurisdiction of the Union, to perform any ARTICLE VIII work specified in Article I of this Agreement, except as hereinafter specified in this Article IX shall be as follows: Shift Work Effective Beneficial Section 1. Night shifts may be established for the Date Wage Increase fabrication, installation, or erection of material and equipment only when not less than five (5) consecutive June 1, 2010 $0.60 work nights are worked and the following conditions exist and shall be complied with: June 1, 2011 $0.75 (deduct $.05 for labor-manage- ment fund) (a) Mutual agreement has been reached by both par- ties hereto as to what shift hours may be worked. June 1, 2012 $1.00 (deduct $.05 for industry fund)

(b) Each location, where night shifts are established, Section 2. Listed below is a schedule of Foreperson shall be considered as entirely new and separate from and General Foreperson wages in addition to the mini- any other shift job and all conditions herein established mum wage scale as provided in Section 1 of this Article for night shift work shall apply separately. IX.

-7- One (1) to two (2) Journey- 8% above the full amount of wages due each Employee, and all Persons & Apprentices wage scale expenses substantiated by Employees for trouble and embarrassment caused by said check plus thirty-five dol- Three (3) to seven (7) 12% above lars ($35). Journeypersons & Apprentices wage scale (a) If and when the Employer pays any Employee by Eight (8) to fifteen (15) 14% above check and the check is later returned, the Employer shall Journeypersons & Apprentices wage scale forfeit their right to pay by check and shall thereafter pay Employees in cash until the Union shall be satisfied that Sixteen (16) and more 16% above it is not likely to again occur and gives approval to again Journeypersons & Apprentices wage scale pay by check.

Sub Foreperson 7% above (b) When checks are used in payments to Employees, wage scale they shall be whenever reasonably possible, those of the Todd Insured System or similar protected checks. All To clarify Section 2 of this Article IX, when a Sheet Metal checks issued as payment for wages due shall have Journeyperson is designated to work for one (1) full day detachable vouchers showing last date of period paid or more duration as the sole representative of his/her for, number of hours paid for, gross wages, all deduc- Employer at a specific site, he/she shall receive tions separately and for what each is made, net wages, Foreperson’s rate of pay. and expenses paid.

Section 3. The employer agrees on all jobs or opera- Section 3. Pay checks may be mailed to the home of tions where eight (8) journeypersons and/or apprentice an Employee or to any other place designated by the sheet metal workers are employed, one (1) journeyper- Employee in writing, provided, however, that they shall son shall be designated as sub foreperson. arrive at the place designated by the Employee not later than Thursday of each week except that when Thursday Section 4. Foreperson may work with the tools of the is a holiday, they shall arrive on Wednesday. Should they trade when reasonably possible or necessary and shall not arrive on Thursday, or Wednesday, when so required, be members of the Union. for any reason whatsoever, and the Employee is not at fault, the Employee will notify the Employer the following Section 5. Exceptions may be made to the herein, morning and their wages in cash shall be delivered to provided the ratio of Forepersons to Journeypersons them on the job site or in the shop by quitting time on and/or Apprentices in emergency situations lasting only Friday. If such delays occur on more than three (3) occa- a few days but not more than one week. sions, wherein all or most Employees of the Employer are concerned, the Employer involved shall no longer be permitted to pay by mail. ARTICLE X (a) Out of area contractors employing Members of Rules for Payment of Wages Local Union No. 19 must provide for payroll check cashing through a local bank when employing Members of Local Section 1. Wages at the established rates specified Union No. 19 for sixty (60) or more consecutive days. shall be paid as follows: Section 4. Employees who have to wait to be paid If by Cash: after the regular quitting time on pay day shall be paid for At or before quitting time on Friday of each week and not the waiting time at double time unless conditions beyond more than three (3) days pay may be withheld. the control of the Employer caused the delay.

If by Check: Section 5. Employees, who report for scheduled At or before quitting time not later than Wednesday of work but are unable to work due to weather or other con- each week and for the payroll period ending on the pre- ditions beyond the control of the Employer, shall receive vious Sunday, except as provided in Section 2 of this one (1) hour show-up pay. This shall not apply, if there is Article X. timely notification not to report, initiated by the Employer’s representative to the Steward. Employees Electronic payment of wages shall be equivalent to pay- who start work on any day shall be paid a full day’s or ment by check, provided the employer and the employ- shift’s wages, even though a full day is not worked, ee agree to this method of payment. unless weather conditions or voluntary quitting causes cessation of work. Anything herein to the contrary notwithstanding Em- ployees shall be paid in full when laid off or discharged (a) Whenever a Saturday, Sunday, or holiday is and even though the layoff may be only temporary. involved, Section 5 of this Article X shall be as follows:

Section 2. If and when any Employee covered by this All hours worked shall be at the applicable overtime rate, Agreement is paid by check which is later returned but in any event, not less than (4) hours pay at the appli- unpaid to the Employee for any reason, the Employer cable overtime hourly rate. If the Employee works four (4) shall immediately pay any and all such Employees in cash hours and work ceases before the end of the work day,

-8- they will receive eight (8) hours pay at the applicable in the other area is higher than the total value of the wage overtime rate. rate and other benefits established in the area of the Union, the Employer shall pay the difference as wages. Section 6. No Employee covered by this Agreement shall be laid off unless twenty-four (24) hours notice has been given to the Employee, by the Employer or their ARTICLE XI designated supervisor in advance of layoff. Rare and unusual cases wherein serious violation of the rules is Travel Expenses involved shall be excluded from the requirements of this Section. Section 1. Each employee working out of a branch local shall be considered to be working in Zone 1 with (a) All discharges will be accompanied by a discharge respect to that branch local. When employed in a shop slip, which is furnished by the Union. or on a job site, within the limits of Zone 1 and centered at the following points, the Employees shall be governed Section 7. Employees, who are not paid when their by the regular working hours specified herein and shall employment is severed by the Employer, shall be paid provide for themselves, necessary transportation within eight (8) hours wages at the established rate in addition said limits, from home to shop or jobsite at starting time to what they are entitled to at the time employment is and from shop or job site to home at quitting time, and severed and for each day thereafter. the Employer shall provide or pay for all necessary addi- tional transportation during working hours. Past practice Section 8. When the Employer has any work covered respecting the western section of the Harrisburg branch by this Agreement to be performed outside the area cov- local shall be preserved. ered by this Agreement and within the area covered by another Agreement with this or another union affiliated (a) The Travel Expense Zones with respect to each with the Sheet Metal Workers’ International Association branch local are hereby established and the central point and qualified Sheet Metal Workers are available in such for all radius lines in each specific area shall be as fol- area, they may send no more than two (2) Sheet Metal lows: Workers per job into such area to perform any work which the Employer deems necessary. All additional Sheet Harrisburg Market Square Metal Workers shall come from the area in which the work is to be performed. Journeyperson Sheet Metal Workers York Continental Square covered by this Agreement who are sent outside of the area covered by this Agreement shall be paid at least the Reading 5th and Buttonwood Sts established minimum wage scale specified in Section 1 of Article IX of this Agreement but in no case, less than the Lehigh Valley Stefko Boulevard and established minimum wage scale of the local Agreement Easton Avenue in Bethlehem covering the territory in which such work is performed or supervised plus all necessary transportation, travel time, Altoona City Hall board and expenses while employed in that area, and the Employer shall be otherwise governed by the established (b) Each employee shall be paid in addition to wages, working conditions of that local Agreement. the following travel expenses for each day employed in any of the zones: (a) If Employees are sent into an area where there is no local Agreement of the Sheet Metal Workers’ Zone 1, no expenses – shall be up to and including a fifty International Association covering the area, then the (50) mile radius; minimum conditions of the home local union shall apply. The term “wage scale” shall include the value of all appli- Zone 2, $15.00 per day – shall be from a fifty-one (51) cable hourly contractual benefits in addition to the hourly mile radius up to and including a sixty-five (65) mile wage rate. radius;

(b) On all work specified in Article I of this Agreement, Zone 3, $18.00 per day – shall be from a sixty-six (66) fabricated and/or assembled by Journeyperson Sheet mile radius up to and including an eighty (80) mile radius. Metal Workers, Apprentices and/or Pre-Apprentices within the jurisdiction of this Union, or elsewhere, for (c) For all work outside Zone 3, Room and Board erection and/or installation within the jurisdiction of any expense shall be paid in full, but in any case, not less other local union affiliated with the Sheet Metal Workers’ than fifty dollars ($50.00) per day shall be paid when less International Association, whose established wage scale than a week is involved, but Room and Board at not less is higher than the wage scale specified in this than two hundred and fifty dollars ($250.00) for a five (5) Agreement, the higher wage scale of the job site Union day work week. Whenever additional costs are incurred, shall be paid to the Journeypersons employed on such they shall be paid (with receipts) in full over and above work in the home shop or sent to the job site. the minimum provided herein. In either case, the above shall be paid regardless of whether or not a full day’s (c) In addition to what is provided for in Section 2 of work is performed; including legal holidays and for days Article X and Section 8 of this Article X when the total when weather or other reasons beyond the control of the value of the wage rate plus additional benefits established Employee prevent working. It is specifically agreed that

-9- each Employee employed in Board and Room areas Union No. 19, the Sheet Metal Workers’ Work Assess- shall be paid travel time and mileage for reaching the job ment - Service Fee of Local Union No. 19, and the Viriva location at the beginning of the job and the same upon Community Credit Union. their return at the completion of any intermittent period of employment on such jobs. (a) The Employer agrees to make contributions to the Sheet Metal Workers’ Annuity Fund of Local Union No. Section 2. Each Employee starting work in one zone 19, the Sheet Metal Workers’ Health & Welfare Fund of and required to move to another zone during the day, Local Union No. 19, the Sheet Metal Workers’ Pension where they are located at quitting time shall be paid one- Fund of Local Union No. 19, the Local Union No. 19 half (1/2) the allowance for both zones. Supplemental Unemployment Benefit (SUB) Fund, the Sheet Metal Workers’ Joint Apprenticeship and Training Section 3. The employer shall pay for transportation Fund of Central Pennsylvania, the Industry Fund of the during working hours (shop to job, job to shop, job to job) Sheet Metal Contractors Association of Central at the current Internal Revenue Service (IRS) allowance of Pennsylvania, and the International Training Institute for forty-four and a half ($.445) cents per mile for deduction the Sheet Metal and Air Conditioning Industry. business miles driven for each mile so traveled. (b) Owner-Members shall make the above deductions Section 4. Travel time shall be paid for at the straight and contributions to the various funds with the exception time regular rate of wage of each Employee while traveling. of the Local No. 19 Sub Fund for a minimum of forty (40) hours per week; subject, however, to the following: an Section 5. Employees shall not be required to travel Owner-Member may execute an agreement with the in conveyance furnished by the Employer. The Union, Local Union opting out of making contributions on his or however, at its discretion, may approve such use of her behalf to the Pension, Welfare, Annuity and Vacation Employer’s conveyance provided it is clean, safe, and Funds. Thereafter, the Owner-Member shall enjoy no comfortable and that each Employee so transported benefits from the Welfare and Vacation Funds and they shall have full insured coverage for any and all costs and shall accrue no additional benefits from the Pension and losses resulting from injury while so traveling and a Annuity Funds. An Owner-Member who has opted out of mutually satisfactory pick up place is established and the foregoing funds may rescind his or her agreement to travel time is paid to the driver. opt out only with the approval of the Local Union and the Trustees of the Funds. A bargaining unit member who When the Employer furnishes an automobile, which may ceases to be an Owner-Member shall have contributions be a sedan, station wagon, or an enclosed auto van to made on his or her behalf without regard to this provision an Employee for use related to their business and for of the agreement. said Employee’s travel to and from their home and place of work, the requirements of the travel expense zone or The term “owner-members” shall be interpreted to the mileage expense shall not apply for the Employee include any member of Local Union No. 19 who is (i.) an directly involved. If there are Employees riding in this owner or partner in any capacity in a sheet metal busi- same vehicle, the zone expense requirements shall apply ness performing the scope of work defined in this to these riders. The Employer shall pay for and be Collective Bargaining Agreement; (ii.) any member who responsible for all costs related to the use of the vehi- is a family relation of an owner or partner of a sheet cle(s). It is agreed that no travel expense zone will be metal business performing the scope of work defined in paid in the counties of Lebanon and Lancaster. this Collective Bargaining Agreement, unless the mem- ber can prove to the satisfaction of the Union and the Section 6. When only one day’s work is involved in a Funds’ Trustees that such member does not exercise Board and Room area, the Board and Room daily pay- significant control over the management and operation ment need not be paid unless the Employee is required of the business. to stay overnight. If, however, an Employee can reason- ably go and return on the same day, travel time and All owner-members must continuously contribute to the expense shall be paid them in addition to the pay for Local Union No. 19 Benefit Funds and pay working hours on the job, from the time they leave home until assessments at the rate of forty (40) hours per week, as they return to their home. required by the Collective Bargaining Agreement except as specified in this Article XII, Section 2(b). Owner-mem- ber contributions may cease only when the business per- ARTICLE XII manently ceases operations or when the owner-member permanently severs any relationship with the business. Funds Owner-members who fail to make required contributions shall be dropped from participation in the Funds. Section 1. All Funds are calculated on the basis of hours of wages paid. Hours of wages paid shall mean No owner-member who has withdrawn or been expelled the number of hours resulting from dividing gross wages from owner-member status shall be reinstated to that by the Employee’s regular time hourly wage rate. Travel status without approval of the Union and the Trustees of time pay should be included as hours of wages paid. the Benefit Funds.

Section 2. The Employer agrees to make deductions (c) Deductions and Contributions to the Funds shall for the Sheet Metal Workers’ Vacation Fund of Local be in the amounts specified in the hourly wage, deduc-

-10- tion and contribution schedule effective June 1, 2010 Section 11. Failure to comply with the provisions and through May 31, 2011, as adjusted by allocation of the requirements of this Agreement related to the payment of beneficial wage increases effective June 1, 2011, and money to any and all Funds established by and included June 1, 2012 by the Union. in this Agreement and wages in the manner and to the extent required, shall be considered as and shall consti- Section 3. It is also agreed that the Vacation Fund tute a violation of this Agreement of especially serious shall have authority to remit monies received to the Sheet nature and, therefore, special additional provisions are Metal Workers’ Local Union No. 19’s League for Political herein provided to compensate, therefore, and to estab- Education, Sheet Metal Workers’ Local 19 Scholarship lish procedures and requirements related thereto. Trust Fund and Sheet Metal Workers’ Charity Fund upon receipt of valid check-off authorizations signed and exe- Section 12. Because of the serious nature of failure to cuted by individual participants of the Fund. furnish the required reports and to make payment there- with, within the required time limit(s), the following rules Section 4. The Employer and the Union agree to be are hereby agreed to: bound by the Agreements and Declarations of Trust estab- lished said Funds, as if included herein and Amendments (a) Reports and payments or contributions shall be thereto as may be made from time to time and hereby des- made for each calendar month on or before the fifteenth ignate as their representatives on the Board of Trustees as (15th) of the next following month and shall include cov- are named, together with any successors who may be erage of all work performed from the last day reported in appointed, pursuant to said Agreement. the previous month up to and including the very last pay- roll week of the month being reported. Postmark date Section 5. The Employer and the Union agree to shall be acceptable evidence of compliance with date abide by and comply fully with all rules, regulations, and requirements. requirements established by the Funds within the pow- ers and authorities under the Trust Agreements and this (b) Reports and payments or contributions made after Agreement. the fifteenth (15th) of the month following the month for which they are due, shall include an additional five per- Section 6. The Employer agrees to furnish the cent (5%) of the gross amount due each Fund for each respective Trustees with records, setting forth the month thereafter during which they remain unpaid, pro- names, classifications, social security numbers of the vided however, said late charge shall not be assessed if: Employees and number of hours worked by and wages paid to each Employee during the period or periods 1. The Employer has not been late in making any of accounted for and, the Funds shall have the right, at any their payments in the previous twelve (12) months; time, to inspect or audit all Employer’s records related to and, the herein provided payment. 2. The Employer makes the full late payment within Section 7. The parties hereto agree that should the ten (10) days of the due date; and, amount of payment by the Employer, as provided in this Article XII, at any time later be reduced by mutual agree- 3. The Employer pays the Funds’ interest at the prime ment of both parties hereto the amount by which it is rate as published by Wachovia Bank for the month in reduced shall immediately be added to the then current which the delinquency occurred on the total contribu- and subsequent wage rates established in this tion for the period from the due date to the date of actu- Agreement. al payment.

Section 8. Fund contributions shall not be duplicated. For the purposes of this Section, any month shall be considered as from the fifteenth (15th) of one month to Section 9. The money herein agreed to be paid to the the fifteenth (15th) of the next following month. Vacation Fund is wages earned by Employees and shall be deducted from wages after taxes have been withheld. (c) If reports and/or payments or contributions remain The Employer hereby agrees and affirms that all vacation unpaid or delinquent on or after the twenty-fifth (25th) of wages withheld and not turned over to the Vacation Fund the month following the month for which they are due, shall have precedence as wages and together with other the Union may withdraw Employees from the employ- wages due shall be paid, before any and all other debts, ment of the Employer. The Union may withdraw obligations or the financial requirements the Employer Employees on the twenty-fifth (25th) of the month upon may or does have, except as otherwise required by written notice of delinquency given at least forty-eight applicable law. (48) hours prior thereto. Should the Union withdraw Employees for this reason, the Employer agrees to pay Section 10. No part of the Funds or property of the each and every Employee withdrawn for this reason, full Industry Fund may be used, spent, loaned, or allocated wages and expenses for each hour of wages lost, until all to or for any political party or candidate for public office reports and all payments, contributions, and premiums or for the use of any person holding public office or for due are made, and the appropriate deposits in escrow any activity whatsoever that may or does have for its are made or bond presented as required, but in any purpose or intent, or have the effect of causing or result- event, for not more than sixteen (16) hours of wages, in ing in, anything considered by the Union to have harmful addition to the required reports and payments, contribu- effect on the Union. tions, and premiums made.

-11- (d) Should the Trustees of the Funds and/or the Union Contribution Act Tax, or Collection of Income Tax at enter suit in a court of law to enforce compliance with the Source of Wages, under Subtitle C of the Internal provisions and requirements of this Agreement related to Revenue Service Code; and not be required to include reports and payments or contributions to all Funds and such contributions, for purposes of the Fair Labor wages, the Employer agrees to pay the costs including Standards Act, in the regular rate of pay of an Employee. counsel fees and the costs of any audits of such Employer’s records required or requested by the Trustees. (f) If the Employer fails to make contributions to the Fund within ten (10) days after the date required by the Section 13. The Employer hereby agrees to make pay- Trustees, the Local Union, in addition to any rights the ments to the Local Union No. 19 Supplemental Trustees may have, shall have the right with forty-eight Unemployment Benefit Fund for each Employee covered (48) hours written notice to take whatever steps are nec- by this Collective Bargaining Agreement, as follows: essary to secure compliance with this Agreement, any provisions of the Collective Bargaining Agreement, (a) For each hour for which a Journeyperson, including the no-strike clause, to the contrary notwith- Foreperson, or General Foreperson, subject to this standing. Collective Bargaining Agreement receives pay from the Employer, the Employer shall make a total contribution to (g) It is expressly understood that the Employer’s lia- the Sheet Metal Workers’ Local Union No. 19 bility for payment hereunder shall not be subject to the Supplemental Unemployment Benefit Fund equal to grievance or arbitration procedure of this Collective three percent (3%) of the negotiated Journeyperson Bargaining Agreement and that the no-strike clause, if wage rate plus contributions paid by such Employer on any, shall not prohibit any action the Union chooses to behalf of such Employee to the Pension, 401 (h) Annuity, take to compel payment of contribution. and Health & Welfare Funds. Section 14. The expiration date of the present (b) For each hour for which a 3rd through 8th period Collective Bargaining Agreement between the Sheet Apprentice, subject to this Collective Bargaining Metal Workers’ Local Union No. 19 and the Employer is Agreement receives pay from the Employer, the Employer May 31, 2013. shall make a total contribution to the Sheet Metal Workers’ Local Union No. 19 Supplemental Unemployment Benefit Section 15. The parties agree that this Agreement, Fund equal to three percent (3%) of negotiated 8th period including the following SUB Work Rules, shall be consid- Apprentice wage rate plus contributions paid by such ered a part of the Collective Bargaining Agreement Employer on behalf of such Employee to the Pension, between the Employer and the Sheet Metal Local Union Annuity, and Health & Welfare Funds. For each hour for No. 19 and all subsequent Collective Bargaining which a 1st and 2nd period apprentice, subject to this col- Agreements between said parties. lective bargaining agreement, receives pay from the employer, the employer shall make a total contribution to (a) The selection of Sheet Metal Forepersons and the Sheet Metal Workers Local Union No. 19 General Forepersons shall be entirely the responsibility Supplemental Unemployment Benefit Fund equal to 50% of the Employer. Forepersons and General Forepersons of the Journeyperson contribution rate. shall take orders from individuals designated by the Employer. (c) The Employer hereby agrees to become a party to the Local Union No. 19 Supplemental Unemployment (b) There shall be no limit on production by workers or Benefit Fund and Declaration of Trust, and agrees to be restrictions on the full use of tools or equipment or on the bound by all the terms and provisions of said Agreement. number of workers assigned to any crew or to any serv- The Employer further agrees irrevocably to designate as ice other than may be required by safety regulations. its representative on the Board of Trustees of the Fund Sheet Metal Workers shall perform any of the work of the such Trustees as are named in the Fund’s Agreement craft and shall work under the supervision of the Craft and Declaration of Trust as Employer Trustees together Foreperson. with their successors selected in the manner provided in the said Agreement and agrees to be bound by all action (c) Security procedures for control of tools, equip- taken by the said Employer Trustees pursuant to the ment, and materials are solely the responsibility of the Agreement and Declaration of Trust. Employer.

(d) The contribution made to the Fund shall be used (d) Workers shall be at their place of work at the start- by it to provide benefits to be payable to eligible ing time and shall remain at their place of work until the Employees in accordance with the provisions of the Plan quitting time in accordance with the historical custom of the Fund. and practice in the locality. The parties reaffirm their pol- icy of a fair day’s work for a fair day’s wage. (e) It is agreed that to the extent possible, such Plan applicable to the Employees of the Employer will qualify (e) Except as otherwise provided herein, practices for approval with appropriate government agencies, so that are not a part of the terms and conditions of this as to enable the Employer to treat contributions to the Collective Bargaining Agreements will not be recognized. Fund as a deduction for income tax purposes; to treat such contributions as not being “wages” for purposes of (f) , standby crews, and Federal Unemployment Tax, Federal Insurance practices will not be tolerated.

-12- (g) A Steward shall be a qualified worker performing Section 17. Bonds shall be provided for a period of not work of their craft and shall exercise no supervisory func- less than one (1) year and may be renewable or continu- tions. There shall be no non-working Stewards. ous until revision of the amount necessary to satisfy the herein schedule or formula as required, at which time, (h) There shall be no illegal strikes, work stoppages, the new bond shall be furnished for a like period. or lockouts. The amount of the bond required shall be determined by (i) When a local union does not furnish qualified the application of the above formula to annual payments workers within forty-eight (48) hours (Saturdays and hol- made or due for the annual period ending with July 31st idays excluded), the Contractor shall be free to obtain of any year. If a change in the amount is required, the workers from any source in accordance with the hiring change shall take place immediately. hall provisions of the local Agreement, if any. If the Employer has no record of previous employment or (j) It is agreed that overtime is undesirable and not in contributions to the Funds and is required to furnish a the best interest of the industry or the Employees. bond, it shall be for not less than ten thousand dollars Therefore, except in unusual circumstances, overtime ($10,000) or an amount established by the Union to ade- will not be worked. Where unusual circumstances quately cover payments expected or estimated to be demand overtime, such overtime will be kept at a mini- required in view of anticipated employment. Such esti- mum. mates shall be related to the amount of money expected to be due for wages and contributions on a basis of ten (k) If the Contractor so elects, they may work shift thousand dollars ($10,000.00) per worker and the result- work at a rate and under the conditions in the applicable ing figure shall be related to the bond coverage formula Agreements. If the Agreements do not contain rates and as described in Section 16 of this Article XII. conditions pertaining to shift work, the parties shall negotiate the same prior to the start of the job. The Section 18. Bonds shall be written to provide for pay- Employer shall determine the number of workers to be ments covering wages and the several Funds in the fol- assigned to each of the shifts as established. lowing order. When money remains after satisfying the requirements of the first, then the balance shall be allo- Section 16. The Employer agrees to provide to the cated to each of the others in the order shown, to the Funds and the Union an indemnity bond guaranteeing extent possible: that Employees and the Funds will be paid amounts due to Employees and Funds as and when the Employer fails First, the full amount due for wages. (Wages include to meet and comply with the provisions and require- credit union deductions, work assessments, and LPE ments of this Agreement related to wages and payments check-off). or contributions to the Funds. In the event an indemnity bond is not obtainable by the Employer, the Employer Second, the full amount due to the Vacation Fund. may provide the Funds and the Local Union with an irrev- ocable letter of credit. Said letter of credit shall not be Third, the full amount due to the Annuity Fund. canceled without sixty (60) days notice to the Funds Office and the Local Union. Fourth, the full amount due to the Health & Welfare Fund.

The bond and/or irrevocable letter of credit shall be Fifth, the full amount due to the Pension Fund. issued by a reputable bonding company and/or bank and shall be acceptable to the Union and the Trustees of the Sixth, the full amount due to the Local Union No. 19 SUB Funds, and shall be at all times in an amount meeting the Fund. requirements of the following schedule or formula: Seventh, the full amount due to the Apprenticeship and If the total of two (2) weeks of gross wages (before vaca- Training Fund. tion) plus nine (9) weeks of contributions and payments due the Funds (excluding payments to the Vacation Eighth, the full amount due to the Industry Fund. Fund) (hereinafter referred to as the “Bond Amount”) equals or is less than $10,000 the employer’s bond shall Ninth, the full amount due to the International Training be for $10,000. Each Employer’s bond shall increase in Institute for the Sheet Metal and Air Conditioning increments of $10,000 as its bonded amount exceeds Industry. the prior amount of the Employer’s bond by One Dollar ($1.00). For example, if the bonded amount becomes Section 19. The posting of the bond with the Funds $10,001 the bond shall be for $20,000, when the Bonded shall not exempt the Employer from liability to make Amount becomes $20,001 the bond shall be for $30,000, reports and full payment of amount due all Funds, if the and so forth. bond does not meet full amounts due or the bonding company does not pay or if the Union and the Trustees Effective August 1, 2009 the maximum bond required are required to sue the bonding company. Nor does it shall be $440,000. exempt the Employer from meeting and complying with all other requirements and provisions of this Agreement A bank letter of credit, acceptable to the Trustees will be relating to the Funds and Wages. accepted in lieu of an indemnity bond.

-13- Section 20. The Employer agrees to have the required Metal Workers’ International Association, the terms, con- bonds, in duplicate, in the possession of the Funds with- ditions, and requirements of the then existing Agreement in thirty (30) days immediately following the effective between the appropriate Local Union and the Employers date of this Agreement. in that area related to Funds and as established therein shall be complied with and that failure to do so will permit Should the Employer fail to produce the required bond the Union to take whatever action it deems appropriate to within the prescribed time period, said Employer shall be assure compliance. required to make all reports and/or payments or contri- butions on a weekly basis. These reports and/or pay- Section 23. The Employer agrees that the Trustees of ments or contributions shall be paid on the same day any and all Funds herein provided for may, at their dis- that wages are paid and shall cover the same payroll cretion, enter into reciprocal Agreements with other sim- period. Should the Employer fail to meet the require- ilar Funds, in any manner they may to determine, protect, ments of this Section, the Union may withdraw and advance the interest of Employees covered by these Employees from the employment of the Employer on the or other Funds of similar nature. first working day following the day on which all reports and/or payments or contributions are due. Section 24. The undersigned hereby agrees to accept and confirm as representatives and members of the (a) Employers who must report on a weekly basis, and Board of Trustees the following: fail to mail the benefits on the day that wages are paid, shall be assessed liquidated damages at the rate of one Joseph Sellers, Jr. Edmund J. Bransfield and one-quarter percent (1 1/4%) of the gross amount Thomas J. Klingenberg D. Robert Buccini due each Fund for each week thereafter during which Patrick Doyle Robert J. Kryszczak they remain unpaid. Gary Masino Roeland Hoeke

(b) Where employers are required to pay weekly, These representatives, together with their successors because they do not have a bond, and have not main- selected in the manner provided in said Trust Agreement, tained 12 consecutive months of on time fringe benefit are hereby authorized to and shall represent the Union payments, there shall be an administrative fee charged and the Employer and other Employers, parties to this or not greater than 0.0025 (one quarter of one percent) of similar Agreements in the administration of the Health & the value of the fringe benefit contributions due weekly Welfare, Annuity, Pension, 401(h), Vacation, and Sub as determined by the Trustees. The fee is to be paid with Funds. the weekly contributions until they maintain 12 consecu- tive months of on time payments. New employers will be considered on time.

Section 21. Employers, whose principal office or place of business is located outside of the area covered by this Agreement, employing Employees covered by this Agreement within its territorial coverage or Employers employing workers represented by the Union and for short periods not exceeding eight (8) man-weeks may, in lieu of posting bond, with the approval of the Union:

(a) Deposit with each Fund cash or certified check in an amount ranging from a minimum of five hundred dol- lars ($500) to three thousand dollars ($3,000) to guaran- tee reports and payments due the Funds and Wages. The actual amounts to be so deposited shall be those required by the Union, and shall be related to the num- ber of workers employed and the anticipated length of the job. Upon completion of the job, should the Employer fail to meet the requirements and provisions of this Agreement, the amount due and unpaid shall be deducted and kept by the Funds and the balance, if any, shall be returned to the depositor or, if the Employer has complied in full, the amount deposited shall be returned, upon request, at the earliest opportunity, following the satisfaction of all requirements.

(b) Make payments or contributions to all Funds each time wages are paid to Employees on the job, but sepa- rate from wages, in a manner prescribed by the Union.

Section 22. The Employer agrees that, when perform- ing work in the territory of other local unions of the Sheet

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-15- ...... R R R 2 2 2 2 2 2 2 2 P P F P P P P P P K K 7 7 7 7 7 7 7 7 E E U E E E E E E E R N R A A R R R R R R N I T I $ $ $ $ $ $ $ $ I I I I I I S S O D O O O O O O O 2 2 3 3 3 4 4 4 I S S * D A C D 6 8 5 7 8 0 1 4 D D D D D 1 D E E - E ...... P s - S S 7 2 6 1 6 1 6 5 t S P S S J 6 4 9 7 5 3 1 7 O a M M R n U E E E d N N N R 2 $ $ $ $ $ $ $ $ N T T T n 1 1 1 1 1 1 1 1 I E d C I I 2 2 2 2 2 2 2 2 Y S S ...... P E 2 2 2 2 2 2 2 2 P 1 1 E 1 1 1 1 1 1 1 1 8 E . . R 0 5 T R % % I H O S O O O D P N F F E A R A J T P O I P A O P U P R X D R R E A N T E N B N A E $ $ $ $ $ $ T L Y T 5 5 5 5 5 5 X I E C P ...... I 0 0 0 0 0 0 A C W E E 4 4 4 4 4 4 B E R S L A , S T E 5 G O O 0 W E N % T P A A T O $ $ $ $ $ $ $ $ L L G O 0 0 1 1 1 1 1 1 F U ...... 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T 8 2 6 1 5 0 5 4 R I 0 7 6 3 9 6 2 5 E E O S N T 3 $ $ $ $ $ $ $ $ I % M 1 1 2 2 2 2 2 2 6 6 2 2 2 2 2 2 M E ...... 2 2 2 2 3 3 3 3 S I 0 1 7 8 0 1 3 6 N 3 U % S M 2 I 5 4 5 5 6 6 7 7 8 N 5 0 5 0 5 0 5 5 C U % % % % % % % % E S N 1 T 3 S C E N T S ARTICLE XIII Third Year First Half - 65% Second Half - 70% Apprentice & Training Fourth Year Section 1. All duly qualified Apprentices shall be First Half - 75% Second Half - 85% under the supervision and control of a Joint Apprenticeship and Training Committee (JATC) com- For all Apprentices, effective June 1, 2010, contributions to posed of eight (8) members, four (4) of whom shall be the Health & Welfare Fund shall be twelve dollars and twen- selected by the Employer and four (4) by the Union. Said ty one cents ($12.21) plus sixty-five percent (65%) of all Apprenticeship and Training Committee shall formulate journeyperson Health & Welfare allocations until the expira- and make operative such rules and regulations as they tion of this agreement. Contributions to the Pension Fund deem necessary and which do not conflict with the spe- on behalf of all 3rd through 8th period Apprentices shall be cific terms of this Agreement, to govern eligibility, regis- made at 50% of the Journeyperson contribution rate. No tration, education, transfer, wages, hours, working con- contributions shall be made to the section 401(h) compo- ditions of duly qualified Apprentices, and the operation nent of the Pension Fund on behalf of Apprentices. The of an adequate Apprentice system to meet the needs Annuity Fund contributions for all 3rd through 8th period and requirements of the trade. Said rules and regula- Apprentices shall be frozen for the term of this Agreement tions, when formulated and adopted by the parties here- at one dollar ($1.00) per hour and all 1st and 2nd period to, shall be recognized as a part of this Agreement. apprentices shall be frozen for the term of this agreement at fifty cents ($.50) per hour. This Agreement is made with Section 2. The Joint Apprenticeship and Training the understanding that Central Pennsylvania Apprentices Committee designated herein, shall serve for the life of whose service is covered by a reduced pension contribu- this Agreement, except that vacancies in said Joint tion rate as compared to the Central Pennsylvania area Apprenticeship and Training Committee, caused by resig- commercial journeyperson’s contribution rate will earn a nation or otherwise, may be filled by either party and it is pro rata share of a journeyperson’s pension credit, deter- hereby mutually agreed by both parties that they will indi- mined by multiplying the Central Pennsylvania area com- vidually and collectively cooperate to the extent that duly mercial journeyperson’s pension credit by a fraction, the qualified and Registered Apprentices be given every numerator of which is the reduced contribution rate and opportunity to secure proper technical and practical edu- the denominator of which is the Central Pennsylvania area cation and experience in the trade, under the supervision journeyperson’s contribution rate. of the Joint Apprenticeship and Training Committee. Section 6. Registered Apprentices shall be rotated Section 3. It is hereby agreed that the Employer shall from one kind of work to another in the shop or on the be entitled to apply to the Joint Apprenticeship and job site, so that training shall be fully integrated. Training Committee on the basis of one (1) Apprentice for each three (3) Journeypersons regularly employed Apprentices will be rotated from Employer to Employer throughout the year, not to exceed eleven (11) at the sole discretion of the Joint Apprenticeship Training Apprentices, and said ratio shall govern the consideration Committee. The Employer agrees that failure to comply and granting of Apprentices by the Committee; however, with proper application of the Apprentice Standards, if the Employer may petition the Joint Apprenticeship and such is so decided by the Joint Apprenticeship and Training Committee for authorization to exceed the eleven Training Committee, shall be sufficient cause for removal (11) Apprentice limit, and the Committee shall consider of any or all Apprentices in their employ. such requests on an individual company basis and may in their judgment agree to permit a firm to exceed the limit. Section 7. The Employer agrees to pay eighty two cents ($.82) per hour to the Sheet Metal Workers’ Joint Section 4. All applicants for Apprenticeship shall Apprenticeship and Training Fund of Central have attained a minimum age of seventeen (17) years. Pennsylvania hereinafter referred to as the JATF. It is fur- Each Registered Apprentice shall serve an ther agreed that the Employer will pay an additional fif- Apprenticeship of four (4) years and such Apprentices teen cents ($.15) per hour to the International Training shall not be put in charge of work on any job and shall Institute for the Sheet Metal and Air Conditioning work under the supervision of a Journeyperson until Industry (iTi) for each hour of wages paid for all Apprenticeship term has been completed, and they have Employees covered by this Agreement to the iTi. qualified as Journeypersons. (a) Hours of wages paid shall mean the number of Section 5. A graduated wage scale for Apprentices hours resulting from dividing gross wages by the who enter the Apprenticeship Program shall be estab- Employee’s regular time hourly rate. Travel time pay shall lished and maintained on the following percentage basis be included as hours of wages paid. of the established taxable wage rate of Journeyperson Sheet Metal Workers’ and shall be as follows: (b) Payments made as herein required shall be used exclusively by the JATC to formulate and make operative First Year such rules and regulations as they may deem necessary First Half - 45% Second Half - 50% or wise and which do not conflict with the specific terms of this Agreement and/or Trust Agreement to govern eli- Second Year gibility, registration, education, transfer, wages, hours, First Half - 55% Second Half - 60% working conditions of duly qualified Apprentices and

-16- Journeypersons, and the operation of an adequate Union Representatives Apprentice and Journeyperson training system to meet Joseph Sellers, Jr. Patrick Doyle the needs and requirements of the trade. Said rules and William C. Dorward Walter Friedrich regulations when formulated and adopted shall be recog- nized as a part of this Agreement as if written herein. Employer Representatives Richard Mertz Daniel McCallum (c) Included in the Employer’s contribution for each William Sponaugle Lori Eshenaur hour of wages paid to the iTi is twelve cents ($.12) which will be remitted to the iTi and three cents ($.03) per hour These Representatives and their successors selected in for each hour of wages paid which will be remitted to the the manner provided in said JATF Trust Agreement are National Energy Management Institute. hereby authorized to and shall represent the Employer and the Union in the administration of the JATF. (d) The Employers and the Union agree to be bound by the Agreement and Declaration of Trust established (k) The parties hereto agree that should the amount of by said iTi as if included herein and amendments there- payment by the Employer as provided in this Section 7, to as may be made from time to time and hereby desig- later, at any time, be reduced by mutual Agreement of nate as their Representatives on the Board of Trustees, both parties hereto the amount by which it is reduced as are named, together with any successors who may be shall immediately be added to the then current and sub- appointed pursuant to said Agreement. sequent wage rates established in this Agreement.

(e) Payments for the JATF will be forwarded with and (l) The parties hereto agree that the Employer shall at the same time as all other Fund payments to our pay directly, each Apprentice in their employ for time Funds Office, 1301 South Columbus Boulevard, spent in attendance at day-time school at the appropri- Philadelphia, PA 19147. The Administrator, in accor- ate straight time rate. dance with arrangements made by and between the Trustees of the JATF, and the Funds Administrator will (m) Third (3rd) year Apprentices will attend two (2) - deposit that amount due to the JATF to the source des- forty (40) hour weeks of concentrated training. The ignated by the Trustees. Apprentice can be laid off. This will not affect the employees’ eligibility to collect unemployment compen- (f) The said JATF shall be administrated pursuant to sation and SUB Fund benefits. an Agreement and Declaration of Trust (hereinafter referred to as “Trust Agreement”), which shall be admin- Section 8. (a) An Apprentice may be sent by their istered jointly by an equal number of representatives of employer from the branch local in which they are based the Employer and of the Union all of whom shall be to work in another Central Pennsylvania branch local as Members of the JATC established in Section 1 of Article set forth in Article IV, Section 3. This section is not XIII of this Agreement. intended to increase the portability of labor as described in this agreement. (g) A copy of the Trust Agreement, together with amendments thereto, shall be attached to this Agreement (b) Apprentices shall not be employed outside the ter- and shall then be considered as part of this Agreement, ritorial jurisdiction of the Union, as designated in this as if set forth herein at length. The said Trust Agreement Agreement, unless specific permission is given by the shall provide for annual audited reports of the JATF. The Union and the Local Union having jurisdiction where the payment by the Employer of contributions to the JATF work is located. shall be made monthly, on or before a date and in a man- ner and form that shall be prescribed by the Trustees Section 9. Registered Apprentices shall not be requiring such information as is hereinafter set forth. assigned to or employed by any Employer whose princi- pal business is such as does not meet the requirements (h) The Employer agrees to abide by and comply fully of training in required skills as established by the Joint with all rules, regulations and requirements established Apprenticeship and Training Committee and the estab- by the JATC within the powers and authorities under the lished Standards of Apprenticeship. Trust Agreement and this Agreement. Section 10. Any Apprentice or Employer affected by a (i) The Employer agrees to furnish the Trustees with decision of the JATC, regarding discipline, discharge, or records setting forth the names, classifications, social reassignment, may appeal to the Joint Adjustment security numbers of the Employees, and the number of Board. The appeal must be filed within fourteen (14) days hours worked by and wages paid to each Employee dur- of the Joint Apprenticeship and Training Committee’s ing the period or periods accounted for, and the JATC by decision. The Joint Adjustment Board must meet within itself or by its agent, shall have the right at any time to fourteen (14) days of receipt of the request, unless the inspect or audit all Employer’s records related to the time is extended by mutual agreement of all parties to herein provided payment. render a final and binding determination.

(j) The parties to this Agreement agree to accept and Section 11. It is the understanding of the parties to this confirm as Representatives and Trustees of the Sheet Agreement that the funds contributed by signatory Metal Workers’ Joint Apprenticeship and Training Fund Employers to the International Training Institute for the of Central Pennsylvania the following: Sheet Metal and Air Conditioning Industry (iTi) and any

-17- Local Joint Apprenticeship and Training Fund (Local required and approved by OSHA. Such equipment shall JATF) will not be used to train Apprentices or include; coveralls, gloves, foot protection, respirators, Journeypersons who will be employed by Employers in and head gear and be provided to each Employee at the the Sheet Metal Industry not signatory to a collective asbestos job site designated. bargaining agreement providing for contributions to the iTi and a Local JATF. Therefore, the Trustees of the iTi (a) It shall not be a violation of this Agreement if the and a Local JATF shall adopt and implement a Union orders any or all Employees to immediately cease Scholarship Loan Agreement Program, which will require work on any job site or in the shop of the Employer nor Apprentices and Journeypersons employed by signatory shall it be a violation of this Agreement or a cause for dis- Employers to repay the cost of training either by service charge if any Employee or Employees refuse to work following training within the union sector of the industry because conditions under which they must work are or by actual repayment of the cost of training if the indi- considered unsafe or unhealthy, provided that the vidual goes to work for a non-signatory Employer in the Employer has been given reasonable opportunity to cor- Sheet Metal Industry. The cost of training shall include rect the condition and does. the reasonable value of all iTi and Local JATF materials, facilities, and personnel utilized in training. If a Local (b) If an Employee, with the agreement of a represen- JATF does not implement the Scholarship Loan tative of the Employer, deems it necessary or wise to have Agreement, the Local JATF will be prohibited from utiliz- an injury attended to by a doctor, either in his office or at ing iTi materials and programs. a hospital, during work hours, they shall be paid for the time required from the time they leave the job until their Section 12.The local Joint Apprenticeship and Training return or, if they are advised by the doctor not to return to Committee shall implement and supervise a sheet metal work, they shall be paid for the balance of the day. industry training program and encourage participation in sponsored training events. Each Journeyperson shall (c) The Employer will have posted at the shop and the complete one (1) approved sheet metal industry related job site, the name, address, and telephone number of a educational and/or training course during one (1) semes- nearby doctor and hospital. ter every three (3) years. (d) An employee, who must seek a doctor’s treatment during work hours for a work injury, will be paid at their reg- ARTICLE XIV ular rate of pay for lost time during the time of employment.

Safety, Tools, & Conditions Section 3. The Employer will provide scaffolding, lad- ders, rope, mechanical lifts, and other tools and equip- Section 1. The Employer, if not immediately or other- ment in good, safe condition. wise subject to state laws governing unemployment and workers’ compensation, health, safety, and other laws of (a) The Employee will endeavor to keep all tools and benefit to the Members of the Union, shall immediately equipment entrusted to their use and care in good, safe become subject to and comply with all such laws in all condition and will promptly report failures or weakness- states, in which work is performed and shall furnish the es in such tools and equipment. No Employee shall be Union with satisfactory evidence of such action when required to use any equipment considered to be unsafe requested. The Employer agrees to be fully responsible and should question arise as to whether or not equip- in faithfully discharging all Employer duties and respon- ment is safe, the issue shall immediately be referred to sibilities applicable to the Employer by OSHA and any the Union and the Employer for settlement. other Federal, State, or Local safety regulations. (b) The Employee will furnish and wear, where (a) The Employer will provide hard hats with chin required, approved safety shoes and clothing without straps, eye shields, hearing protection, and/or other unsafe appendages. Optical eye glasses shall have no- safety devices as may be required by law, local ordi- shatter type lenses. nance, or at their discretion to prevent or reduce indus- trial accidents. (c) When required by law or by direction of the Employer, Employees will wear hard hats, eye shields, dust (b) The Employer will provide potable water per OSHA masks, and hearing protection furnished by the Employer. standards, whether in the shop or on the job site. (d) Employees who fail or refuse to comply with direc- (c) The Union will schedule first aid training for all tions of the Employer with regard to OSHA safety provi- Members and Apprentices. sions may be subject to penalties by the Employer, such penalties are not to be arbitrarily or maliciously Section 2. This Agreement provides that no assessed, and before assessment, shall be subject to Employees shall be required to work on asbestos con- review by the Union. taminated building sites. At locations where asbestos has been removed to a safe level of contaminant and (e) All injuries shall be reported to the Union within certified by the licensed inspector to be safe, Employees twenty-four (24) hours, when practical, on forms provid- will be permitted to work. Prior to work commencing on ed. Failure to report as herein provided, shall not, howev- asbestos sites, the Employer will supply, at no expense er, in any way diminish or void the Employee’s legal to the Employees, a complete set of proper dress gear as rights or privileges.

-18- Section 4. Journeyperson Sheet Metal Workers and herein shall modify Article XIV, Section 9 of the current Registered Apprentices covered by this Agreement shall labor Agreement. provide for themselves all necessary hand tools. Section 10. The Employer agrees to install proper ven- Section 5. It shall not be a violation of this Agreement tilation systems in the shop in such areas as welding, or cause for discharge if any Employee declines to use plasma cutting, grinding, insulation, etc. when materials explosive actuated tools. and equipment are being used that may prove to be haz- ardous and unhealthy to Employees. Section 6. Journeyperson Sheet Metal Workers and Registered Apprentices covered by this Agreement shall Section 11. The Employer shall provide a clean, heated not be permitted or required as a condition of employment, shelter or space for Sheet Metal Workers in cold weather, to furnish the use of automobile or other conveyance to so Employees may change their clothes, and eat their transport workers, tools, equipment, or material from shop lunch on jobs of twenty (20) working days or more duration. to job site, from job site to job site, or from job site to shop, means for such transportation is to be provided by the Section 12. Any Employee who is discharged for alco- Employer except that Journeyperson Employees may hol or drug use, and who after testing within a twenty- carry the following Employer supplied hand tools on occa- four (24) hour period by a qualified laboratory or doctor, sion, but only as and when the Employee freely agrees: a approved by the Employer and the Union, tests negative Whitney Punch, electric drills, an electric cord, a caulking for either drug and/or alcohol use, the Employee will be gun, a small box each of screws, rivets, and bolts, but only reinstated with back pay for all time lost directly related when necessary for the work they are performing. to this incident. Whenever it is necessary for an Employee to go out of their normal way to or from work to get or carry these tools, they Section 13. The Sheet Metal Industry Advancement shall be paid forty-four and a half (.445) cents for each mile Committee has developed, maintains, and will from time so traveled as expensed and for any additional time shall to time amend, a joint statement known as the “Drug and be paid for same at their regular rate of wages. This provi- Alcohol Free Workplace Policy”. This Policy may be sion shall not restrict the use of an automobile or other adopted by an Employer upon written notice to the conveyance to transport its owner and personal tools from Association and the Association shall notify the Union. home to shop or job site at starting time or from job site to home at quitting time. Absolutely nothing else may be car- Section 14. By November 30, 2008 all journeyperson ried by an Employee in their own automobile or other per- Sheet Metal Workers of Local 19 shall complete the sonal conveyance without specific approval of the Union. OSHA 10 hour training course. It is intended for all jour- neypersons to complete the OSHA 30 hour training by Section 7. The Employer agrees that they shall reim- the expiration of this agreement. burse Employees for loss of tools, clothes, or other proper- ty, reasonably located at the job site, or shop by proven Journeypersons failing to complete the OSHA 10 hour theft, or fire or other damage beyond the control of the requirement will not be referred for employment until this Employee provided, however, the maximum paid will be requirement is satisfied. three hundred fifty dollars ($350) in each case to each Employee sustaining such loss, and provided receipts are presented for such tools and clothing, and/or property. ARTICLE XV

Section 8. Employees shall conscientiously safe- Picketing guard, to the extent reasonably possible, all tools, which are furnished to them by the Employer against loss or pil- Section 1. The Employer agrees that it shall not be a ferage. The Employer agrees that they will provide a suit- violation of any term, provision, or requirements of this able and safe receptacle for all tools, both those of the Agreement, if Employees covered by this Agreement Employer and the Employee. refuse to cross or work behind any legal picket line established by a bona fide union, provided the strike or Section 9. The Employer agrees that design and picket line is authorized or sanctioned by the Union implementation of Employee evaluation programs such involved or by the International Union of the Union that as psychological screening, polygraph, drug and alcohol, called the strike or established the picket line or is and genetic testing will not be arbitrarily introduced and authorized or sanctioned by a Central Labor, Building are subject to negotiation. Local Union No. 19 and the and Construction Trades, Metal Trades, or other recog- SMCA of Central Pennsylvania affirm that the use of con- nized Council of Unions having jurisdiction of the area trolled substances and alcohol are forbidden on job sites. involved. No Employee covered by this Agreement shall be requested to perform any work operations that were (a) Where, as a condition of the contract or subcon- being performed by persons on strike. tract, the Employer’s customer requires Sheet Metal Workers to be tested for the presence of controlled sub- Section 2. The Employer recognizes the Union’s stances as a condition for entry to the job site, the Union internal picketing rules and the necessity thereof and agrees to cooperate in the implementation of a non-dis- pledges non-interference therewith. The Union will strive criminatory, non-random program of controlled sub- to avoid serious conflict with Employer’s job scheduling stance testing. The cost of such a program shall be the when assigning Members to picket duty and will inform sole responsibility of the Employer or customer. Nothing the Employer prior to such action.

-19- ARTICLE XVI involved either directly or indirectly in the ownership or management of a sheet metal shop or business shall work Union Representatives with the tools of the trade or on any productive equipment or on the work specified in Article I of this Agreement, but Section 1. The Employer agrees that Business such work shall be confined to the Employer’s shop only. Representatives of the Union shall have the right to enter the shop of the Employer at any time it is open and in Section 3. Owner-members will operate in accor- operation for the purpose of checking safety, grievances, dance with provisions of the Sheet Metal Workers’ and other conditions of employment in which the Union International Association Constitution and Ritual and the has interest and to conduct business therein without Trust Agreements of the various Funds such as Vacation, interference by the Employer provided there is no unnec- Health & Welfare, Pension, 401(h), Annuity, and Local essary interference with the operation of the shop and Union No. 19 SUB Funds. provided they notify the Employer or their specified supervisor of their presence on the premises. Section 4. The Union agrees that the terms and condi- tions contained herein will be available only to HVAC Sheet Section 2. Stewards may be appointed within the Metal Contractors who maintain a properly equipped fab- rules of the Union to any job site or shop of the Employer. rication shop. This shall not apply to Architectural Sheet The Union will notify a Company Representative when a Metal Contractors, Specialty Sheet Metal Contractors, and job or shop steward is appointed. The Employer agrees Environmental Balancing Contractors. to recognize Stewards in the settlement of minor or ordi- nary grievances and job problems. Further, the Union may appoint one (1) Steward for all Employers with ten ARTICLE XVIII (10) or less Employees. Grievance Procedures (a) Stewards shall have nothing to do with matters related to the referral, hiring, layoff, or discharge of Section 1. Grievances of the Employer or the Union, Employees except that the Employer shall have each arising out of interpretation or enforcement of this new Employee report to the Steward so that they may Agreement, shall be settled between the Employer direct- know each other. ly involved and the duly authorized representative of the Union, if possible. An Employer may have the local (b) Stewards shall have no authority whatsoever to Association present to act as their representative. To be call, order or create a strike or work stoppage. They shall valid, grievances must be raised within thirty (30) calendar report all serious matters to the Union Office. days following the knowledge given rise to the grievance.

(c) Stewards shall be given by the Employer reason- Section 2. Grievances not settled as provided in able time to perform their normal duties and shall be Section 1 of this Article may be appealed by either party to given reasonable time to check, at the job site where the Joint Adjustment Board having jurisdiction over the they are employed, and report on any sheet metal work parties and such Board shall meet promptly on a date not included in the Employer’s contract during the regu- mutually agreeable to the Members of the Board, but in any lar working hours and without loss of wages. Stewards case not more than fourteen (14) calendar days following shall not be dilatory or waste time in the performance of the request for its services, unless the time is extended by their duties and shall report to their Foreperson before mutual agreement of the parties, to render a final and bind- devoting time to checking other work. Under no circum- ing determination, except as provided in Sections 3 and 5 stances shall a Steward make any arrangement with the of this Article XVIII. The Board shall consist of an equal Employer or others that will conflict with or be in violation number of representatives of the Union and of the local of this Agreement. Employers’ Association, and both sides shall cast an equal number of votes at each meeting. The local Employers’ (d) Stewards shall be the next to last worker laid off Association, on its own initiative, may submit grievances and the first rehired in the shop or on the job site, unless for determination by the Board as provided in this Section. just cause is established by the Employer and in no case shall a Steward be laid off or transferred prior to consul- Notice of appeal to the Local Joint Adjustment Board shall tation with the appropriate representative of the Union. be given within thirty (30) days after termination of the pro- cedures prescribed in Section 1 of this Article, unless the time is extended by mutual agreement of both parties. ARTICLE XVII Section 3. Grievances not disposed of under the pro- Owners & Owner Members cedure in Section 2 of this Article, because of a deadlock or failure of such Board to act, may be appealed jointly or Section 1. The Employer shall employ at least one (1) by either party to a Panel consisting of one (1) representa- Journeyperson Sheet Metal Worker who is not a member tive appointed by the General President of the Sheet Metal of the firm on all work specified in Article I of this Workers’ International Association and one (1) representa- Agreement. tive appointed by the Chairman of the Labor Relations Committee of the Sheet Metal and Air Conditioning Section 2. The Employer agrees that not more than Contractors’ National Association, Inc. Appeals on behalf one (1) owner, partner, officer, stock holder, or agent of Employees shall be mailed to the General Secretary-

-20- Treasurer of the Sheet Metal Workers’ International notice thereof, a Local Joint Adjustment Board, Panel, or Association, and those on behalf of an Employer should any party to the dispute may, in addition to any other be mailed to the Secretary of the Sheet Metal and Air legal remedies which may be available to the parties, Conditioning Contractors’ National Association, Inc. Joint request the National Joint Adjustment Board to cancel appeals shall be mailed to the Secretaries of both the involved Agreement and any other Agreements Associations. Notice of appeal to the Panel shall be given between the involved Employer and other Local Unions within thirty (30) days after termination of the procedures affiliated with Sheet Metal Workers’ International prescribed in Section 2 of this Article. Such Panel shall Association. Unless otherwise decided by unanimous meet promptly, but in no event, more than fourteen (14) vote, the National Joint Adjustment Board shall cancel calendar days following receipt of such appeal, unless such Agreements if it finds the involved party to be in such time is extended by mutual agreement of the Panel non-compliance with the decision in question. Requests Members. Except in the case of a deadlock, the decision for the Board’s services shall be made in the same man- of the Panel shall be final and binding. ner and in the same form as other appeals to the National Joint Adjustment Board, and the procedure fol- Notwithstanding the provisions of Paragraph 1 of this lowed shall be the same except that any intermediate Section, an Employer who was not a party to the labor step or steps shall be omitted and the requests made Agreement of the area in which the work in dispute is directly to the National Joint Adjustment Board. performed may appeal the decision of the Local Joint Adjustment Board, including a unanimous decision, and Section 7. Failure to exercise the right of appeal at request a Panel hearing as set forth in Section 3 of this any step thereof within the time limit provided therefore Article XVIII, providing such appeal is approved by both shall void any right of appeal applicable to the facts and the Chairman of the Labor Relations Committee of Sheet remedies of the grievance involved. There shall be no Metal and Air Conditioning Contractors’ National cessation of work by strike or lockout during the penden- Association, Inc., and by the General President of Sheet cy of the procedures provided for in this Article, except Metal Workers’ International Association. in case of deadlock, the decision of the National Joint Adjustment Board shall be final and binding. Section 4. Grievances not settled as provided in Section 3 of this Article may be appealed jointly or by Section 8. In addition to the settlement of grievances either party to the National Joint Adjustment Board, as arising out of interpretation or enforcement of this established by the Sheet Metal Workers’ International Agreement as set forth in the preceding sections of this Association and the Sheet Metal and Air Conditioning Article, any controversy or dispute arising out of the fail- Contractors’ National Association, Inc. Submission shall ure of the parties to negotiate a renewal of this be made and decisions rendered under such procedures Agreement shall be settled as hereinafter provided: as may be prescribed by such Board, from time to time, and mutually approved by the parties creating it. Copies (a) Should the negotiations for a renewal of this of the procedures shall be available from and submis- Agreement or negotiations regarding a wage/fringe sions of grievances may be made to either the General reopener become deadlocked in the opinion of the Union Secretary-Treasurer of the Sheet Metal Workers’ representative(s) or of the Employer(s’) representative(s), International Association or the Secretary of the Labor or both, notice to that effect shall be given to the Committee of the Sheet Metal and Air Conditioning National Joint Adjustment Board. Contractors’ National Association, Inc. Submissions on appeal to the National Joint Adjustment Board shall be If the Co-Chairmen of the National Joint Adjustment made within thirty (30) days after termination of the pro- Board believe the dispute might be adjusted without cedures prescribed in Section 3 of this Article XVIII. going to final hearing before the National Joint Adjustment Board, each will then designate a Panel Section 5. A Local Joint Adjustment Board, Panel, representative who shall proceed to the locale where and the National Joint Adjustment Board are empowered the dispute exists as soon as convenient, attempt to to render such decisions and grant such relief to either conciliate the differences between the parties and party as they deem necessary and proper, including bring about a mutually acceptable agreement. If such awards of damages or other compensation and, if it is Panel representatives or either of them conclude that believed warranted, to direct that the involved Agreement they cannot resolve the dispute, the parties thereto and any other Agreement or Agreements between the and the Co-Chairmen of the National Joint Adjustment Employer and any other local union affiliated with the Board shall be promptly so notified without recommen- Sheet Metal Workers’ International Association be can- dation from the Panel representatives. Should the Co- celed, provided, however, that any decision of a Local Chairmen of the National Joint Adjustment Board fail Joint Adjustment Board or Panel directing cancellation of or decline to appoint a Panel member or should notice an Agreement or Agreements shall be automatically of failure of the Panel representatives to resolve the reviewed by the National Joint Adjustment Board and dispute be given, the parties shall promptly be notified such cancellation shall not be effective unless the order is so that either party may submit the dispute to the affirmed by an order from the National Board. National Joint Adjustment Board.

Section 6. In the event any party fails or refuses to In addition to the mediation procedure set forth above or comply with any decision of a Local Joint Adjustment as an alternate thereto, the Co-Chairmen of the National Board or Panel, without appeal, or any decision of the Joint Adjustment Board may each designate a member National Joint Adjustment Board, within thirty (30) days to serve as a Subcommittee and hear the dispute in the

-21- local area. Such Subcommittees shall function as arbi- ARTICLE XIX trators and are authorized to resolve all or part of the issues. They are not, however, authorized to deadlock Severability Clause and the matter shall be heard by the National Joint Adjustment Board in the event a Subcommittee is unable Section 1. It is not the intention of the parties hereto to direct an entire resolution of the dispute. to violate any existing Federal, State or Municipal Law or legal regulation. However, should any article, section, The dispute shall be submitted to the National Joint paragraph, sentence, or clause of the within Agreement Adjustment Board pursuant to the rules as established be held to be illegal or in contravention or violation of any and modified from time to time by the National Joint applicable existing law by a court of competent jurisdic- Adjustment Board. The unanimous decision of said tion, such part or parts shall immediately be held to be Board shall be final and binding upon the parties, inoperative under this Agreement. All other parts hereof reduced to writing, signed and mailed to the parties as shall continue to remain in full force and effect for the soon as possible after the decision has been reached. duration of this Agreement. It is the intent of both parties, There shall be no cessation of work by strike or lockout hereto, that those parts of this Agreement not found to unless and until said Board fails to reach a unanimous be illegal would have been agreed to and included here- decision and the parties have received written notifica- in whether or not the others were included. tion of its failure.

(b) Any application to the National Joint Adjustment ARTICLE XX Board shall be upon forms prepared for the purpose sub- ject to any changes, which may be decided by the Board Term of Agreement from time to time. The representatives of the parties who appear at the hearing will be given the opportunity to Section 1. This Agreement shall become effective on present oral argument and to answer any questions the first day of June, 2010, and remain in full force and raised by members of the Board. Any briefs filed by effect through the last day of May, 2013, and shall con- either party including copies of pertinent exhibits shall tinue in force from year to year after unless written notice also be exchanged between the parties and filed with the of reopening is given not less than ninety (90) days prior National Joint Adjustment Board at least twenty-four (24) to the expiration date. In the event such notice of hours in advance of the hearing. requested reopening is served, this Agreement shall con- tinue in force and effect until conferences relating there- (c) The National Joint Adjustment Board shall have to have been terminated by either party. the right to establish time limits which must be met with respect to each and every step or procedure contained Section 2. Notwithstanding any other provisions of in this Section. In addition, the Co-Chairmen of the this Article, an award of the Joint Adjustment Board ren- National Joint Adjustment Board shall have the right to dered pursuant to the procedures prescribed in Article designate time limits which will be applicable to any par- XVIII of this Agreement, may as a part thereof, direct the ticular case and any step therein which may be commu- cancellation of this Agreement and in addition to any nicated to the parties by mail, telegram or telephone other legal remedies which may be available to the par- notification. ties, this Agreement may also be canceled by either party hereto in the event of the failure of the other to (d) Unless a different date is agreed upon mutually effectuate any award or order of the National Joint between the parties or is directed by the unanimous Adjustment Board within thirty (30) days of the date of decision of the National Joint Adjustment Board, all notice thereof. effective dates in the new agreement shall be retroactive to the date immediately following the expiration date of Section 3. By execution of this agreement the the expiring agreement. employer authorizes the Sheet Metal Contractors Association of Central Pennsylvania to act as its collec- Section 9. The parties hereto agree that all Employers tive bargaining representative for all matters relating to and Local Union Business Representatives and Officers this agreement. The parties agree that the employer will thereof, resorting to the provisions of this Article XVIII and hereafter be a member of the multi-employer bargaining availing themselves of the procedures therein provided, unit represented by said association unless this authori- expressly waive and relinquish in the individual and their zation is withdrawn by written notice to the association representative capacities, any and all potential claims and the union at least 120 days prior to the then current against any members or members of the appropriate expiration date of this agreement. Local Joint Adjustment Board, National Panel or National Joint Adjustment Board. It is further agreed that individu- als serving as members of such Boards or Panels are arbitrators performing a quasi-judicial function.

Section 10. Grievances appealed to the National Joint Adjustment Board, in accordance with Section 4 of this Article, which result in a deadlock or failure of said Board to act shall be resubmitted to the Local Joint Adjustment Board which must meet and settle the dispute.

-22- Sheet Metal Workers’ International Association Local Union No. 19

______Joseph Sellers, Jr. Date

______Employer Date

-23- – Notes –

-24- – Notes –

-25- – Notes –

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